Frequently asked questions relating to the Barnsley Building Society Solicitor Panel from members of the public
I am in the process of selling my maisonette and the EA has just called to warn that the purchasers are appointing a new property lawyer. The excuse is that Barnsley Building Society will only deal with property lawyers on their conveyancing panel. On what basis would a big named lender only deal with specific solicitors?
Mortgage companies have always had panels of law firms they are willing to work with, but in the past few years big names such as Lloyds Banking Group, have reviewed and reduced their conveyancing panel– in some cases removing conveyancing firms who have worked with them for decades.
Banks point to the increase in fraud as the reason for the cull – criteria have been tightened and a smaller panel should be easier to keep an eye on. No lender will say how many solicitors have been dropped, claiming the information is commercially sensitive, but the Law Society says it is hearing daily from firms that have been removed from panels, or have other concerns about them. Some do not even realise they have been dropped until contacted by a borrower who has instructed them as might be the situation in your buyer’s case. Your purchasers are unlikely to have any sway in the decision.
My lawyer has discovered an inconsistency between the information in Barnsley Building Society’s home valuation survey and what is in the title deeds. My lawyer says that as he is on the Barnsley Building Society conveyancing panel he is obliged to check that the lender is OK with this discrepancy and is content go ahead. Is my solicitor’s course or action correct?
A precondition to being on the Barnsley Building Society approved panel is to comply with the CML Handbook requirements (last updated for this lender on Barnsley Building Society) which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for both parties.
Do lenders provide you with an approved list of solicitors? How do you know who is on the Barnsley Building Society conveyancing panel?
The law firm practices themselves provide us confirmation that they are on the Barnsley Building Society conveyancing panel as opposed to being supplied with a list from Barnsley Building Society directly.
I am thinking of mortgaging my home does my lawyer have to be on the Barnsley Building Society Solicitor panel?
There is nothing to stop you using your solicitor but Barnsley Building Society will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with an additional lawyer added to the mix, and it will undoubtedly be more expensive too.
is it true that all solicitors on the Barnsley Building Society conveyancing panel overseen by the SRA?
As a firm of solicitors, in order to be on the Barnsley Building Society conveyancing panel they would need to be regulated by the SRA. Many lenders do allow licenced conveyancers on their panel in which case such firms would be regulated by the Council of Licensed Conveyancers (CLC).
Planning on purchasing a house with a mortgage with Barnsley Building Society. I have received an online quote from a licensed conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Barnsley Building Society conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that they are on the Barnsley Building Society conveyancing panel
My ex -wife’s name is on the Barnsley Building Society mortgage of my property but not on the land registry. The apartment was transferred to me on our divorce many years ago by way of a sealed court order. Does my ex still have a say on the sale even though the land registry showing the property in my name alone? Will I be required to take her name of the Barnsley Building Society mortgage in order to sell?
As regards the Barnsley Building Society mortgage, it is unusual that your ex-wife’s name remains on the mortgage but not on the title. It is conceivable that this is an oversight on the part of your conveyancers to ensure that her name was removed or even an administrative error on the part of Barnsley Building Society in failing to update their data. In any event, it should cause difficulty providing her name no longer appears on the Land Registry title and you have a court order ordering that the property is transferred to you.
